AIM statement on the Council’s adoption of its position on the European Commission’s proposal for a Green Claims Directive 

Brussels, 17 June 2024 – AIM welcomes the EU Council’s adoption of its position on the Green Claims Directive proposal. However, AIM emphasises the need to address remaining concerns to ensure a practical and harmonized framework with acts as a catalyst for continued innovation in sustainability for businesses, while empowering consumers in the green transition.

AIM welcomes the EU Member States’ position on the Green Claims Directive, as it aims to address some of the challenges identified in the legislative proposal. In particular, AIM supports the Council’s intention to improve the proposed ex-ante verification and certification process by reducing the burden on companies for certain environmental claims. However, we remain concerned about the proposed means to achieve this simplification, as they risk having unintended consequences. Tasking the European Commission with adopting secondary legislation for each type of environmental claim is excessively burdensome and could cause significant delays, leading to legal uncertainty for businesses. Additionally, creating a positive list of claims may limit the uptake of innovative claims. Moreover, AIM regrets that the Council did not further address the concerns under the ex-ante verification and certification process, as it missed the opportunity to introduce clear deadlines for verifiers to complete the verification process. This will leave businesses with legal uncertainty and predictability, potentially disincentivising innovation and investments in sustainability.

Among the positive changes suggested by the Council, AIM supports extending the application of the new rules to give all interested parties (businesses, verifiers, and enforcement authorities) more time to adjust their processes to the new framework. Nonetheless, it is crucial to ensure that the text provides for a transitional period for existing environmental claims on the market. This will allow traders to comply with the new rules without withdrawing products from the market and thereby avoid consequent waste generation. Moreover, AIM supports the requirement for the European Commission to publish and maintain an up-to-date list of accredited verifiers, which will further support businesses in the ex-ante verification and certification process.

As the Council, European Parliament and European Commission start the negotiations later this year, AIM urges EU policymakers to further discuss pending key issues to ensure the adoption of a clear, enforceable and workable framework, which is key to empowering both consumers and businesses in the green transition.